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Home My WebLink About08-26-14 _ 2� _"��j "(��L�S N �7 ,+�. � � rn �`g�i, � a�S � ^� �. FAMILY SETTLEMENT AND FINAL RELEASE � s � rv `� �' f:... ��; ��, � � � IN THE � . , �, ESTATE OF PATRICIA A. WILLS " �' ° � ' � ��> ��' '' -r �� _:: ca ►—• ��= rn KNOW ALL MEN BY THESE PRESENTS,THAT WHEREAS,��ATRI�IA �' � A. WILLS late of Carlisle, Cumberland County, Pennsylvania, deceased, died�on February 1, 2013, having first made her Last Will and Testament, which was duly executed on July 29, 2012, duly recorded in Cumberland County, Pennsylvania, Estate No. 2113-0345. WHEREAS, Mary Ellen Judge-Caul�eld and Craig A. Diehl were duly appointed by the Cumberland County Register of Wills as the Administratrix(tor) C.T.A. of the Estate of Patricia A. Wills on June 6, 2013; WHEREAS, the said Administrators have gathered the assets of the estate of the said decedent and the assets consist of personal property to a total value of$434,311.24, as set forth in Exhibit "A", which is attached hereto and made a part hereof; and WHEREAS, the said Administrators have paid all debts and deductions of the estate, including the payment of inheritance tax to the Pennsylvania Department of Revenue, to a total amount of $87,410.92, also as set forth in the statement of the said Administrators which is attached hereto and made a part hereof, and marked Exhibit "B"; and WHEREAS, after the gathering of assets and payment of all debts and deductions by the Administrators there remains a balance for distribution in the Estate of Patricia A. Wills of$346,900.32, as set forth more particularly in Exhibit "C" of the statement of the said Administrators, which is attached hereto and made a part hereof. NOW THEREFORE, KNOW YE, that we, Mary Ellen Judge-Caulfield, Laura J. Cole, and Cumberland Crossings Benevolent Care Fund, being all of the residuary heirs under the Last Will and Testament of the said decedent and being the persons entitled to inherit under said Last Will and Testament, do hereby acknowledge that we have this day had and received from the aforesaid Administrators, in full satisfaction and payment of all sum or sums of money, legacies, as are given to us by the said Last Will and Testament, which amount we have received this day, and which is the amount set opposite our names in the table and schedule of proposed distribution in said statement attached hereto and marked Exhibit "D"; AND, we do hereby stipulate that in order to avoid the expense and time involved in the filing of a formal account and schedule of distribution, we agree that no account is necessary and we hereby agree and consent to distribution being made without the filing of an account and schedule of distribution, the same to be with the same force and effect as if it had been filed and confirmed by the Orphans' Court Division of the Court of Common Pleas of Cumberland County. THEREFORE, we do hereby remise, release, quitclaim and forever discharge the said Administrators, their heirs and assigns, of and from the said estate and from all actions, suits, payments, accounts, reckonings, claims and demands whatsoever, touching upon the estate of said decedent, and we do further hereby covenant and agree that we will contribute our shares of the estate to satisfy any and all claims, demands, suits, or causes of action which may be successfully prosecuted against the said estate or the aforesaid Administrators after the signing, sealing and delivery of this family settlement agreement and final release. FURTHER, we, the beneficiaries, do hereby release, forever discharge and hold harmless Counsel, and his predecessors, successors, affiliates, assigns, either in the course of their employment or as individuals outside the course and scope of their employment or in any other capacity, as and from any and all actions, and causes of action, claims, demands, damages, attorneys' fees, costs, loss of services, expenses, compensation, suits, debts, documents, bonds, covenants, contracts, agreements and judgments of whatsoever kind, at law or in equity, on account of, or in any way growing out of Counsel's representation of the Administrators and the Estate of the Decedent. The Beneficiaries further agree and covenant that, neither they, nor any other person, organization or other entity on their behalf will file, charge, claim, sue or cause to permit to be filed, charged or claimed any action for damages, injunctive, declaratory, monetary relief, equitable relief, or otherwise against Counsel, and its predecessors, successors, affiliates, parents, subsidiaries, assigns, agents, directors, officers, partners, attorneys, employees and insurers involving any matter arising from Counsel's representation of Administrators and the Estate of the Decedent. (This space left intentionally blank.) 2 IN WITNESS WHEREOF, I have hereunto set my hand and seal this � � day of July, 2014. WIT'NESS: " � � � �� - � � , �-<--�-- MA ELLEN E- ULFIELD, Administratrix/Ben iciary STATE OF NEW YORK . . SS. COUNTY OFC�� . � On this� day of July, 2014, before me, the undersigned officer, personally appeared MARY ELLEN JUDGE-CAULFIELD, individually, and known to me (or satisfactorily proven) to be the individual whose name is :subscribed to the foregoing instrument, and acknowledged that she executed the same for the purposes therein contained. Notary P " �c C�t,EE/1 t�eECO�oorS NOTM�rtISL.IC.Sub of thw Yak N0.01t3R�769962 ��M�y 31�15 3 _ _ _ __ _ __ IN WITNESS WHEREOF, I have hereunto set my hand and seal this�day of July, 2014. WITNESS: � �� LAURA J. COL Beneficiary COMMONWEALTH OF VIRGINIA . . SS. COUNTY OF � . On this j��` day of July, 2014, before me, the undersigned officer, personally appeared LAURA J. COLE, individually, and known to me (or satisfactorily proven) to be the individual whose name is subscribed to the foregoing instrument, and acknowledged that she executed the same for the purposes therein contained. �,,,,pa�,�r�p�h� � _ ,�y� ,,`, �O . y��,, //1 �r`�S, •'""�"' '•., Notary P blic `� ••4Vf0£IL� : e Z r�• 5��1.W° v- :D e N O��j3a = "s �1'19f1d � % ��itllON �' �''• °� G ., .,� ; '�i,�O '••...... .••'��. �� 3 �/�� `�w4� ,,,,��1'11i!16��4�4 4 `� IN WITNESS WHEREOF, I have hereunto set my hand and seal this /`/ day of July, 2014. WI . � CU BE A CROSSINGS EVOLENT CARE FUND, Beneficiary COMMONWEALTH OF PENNSYLVANIA . . SS. COUNTY OF CUMBERLAND . On this l �-l-�day of July, 2014, before me, the undersigned officer, personally appeared ;c e 1 ow , individually, as an authorized representative of CUMBERLAND C OSSINGS BENEVOLENT CARE FUND, and known to me (or satisfactorily proven) to be the individual whose name is subscribed to the foregoing instrument, and acknowledged that s/he executed the same for the purposes therein contained. ......._.__.� ✓'' „ Not y Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Robin K.Partridge,Notary Public Lower Pdlen Twp„Cumberland County P9Y Commission Explr'es Wov.29,2016 MEMBER,�ENNSYLVANIA ASSOCIATION pF ppTpRIES 5 FIRST AND FINAL ACCOUNT OF THE ESTATE OF PATRICIA A. WILLS LATE OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA DEBITS Your Accountants charge themselves with the following: Personal Proqerty Value Diakon Lutheran Social Ministries - Refund $ 103,950.00 2007 Chrysler Town& Country Touring Minivan $ 9,246.00 Comenity Bank - Woman Within Subscription Refund $ 66.08 A.G.I.A. Inc. - Insurance Refund $ 117.69 PNC Checking Account#9103078485 $ 3,955.15 PNC Savings Account#9183129050 $ 6,619.08 G.E. Capital Retail Bank - Credit Card Refund $ 6.61 Members 1 st Federal Credit Union - Miscellaneous Refund $ 12.09 Comcast- Refund $ 15.93 The Sentinel - Subscription Refund $ 3.50 Franklin Templeton Investments - Uncashed Check $ 157.48 Franklin Templeton Investments - Uncashed Check $ 229.19 JP Morgan Chase & Co. - 9.196200 Shares $ 465.03 Gabelli Utilities Fund- 45,017.337 Class C Shares $ 208,430.27 Franklin Templeton Investments - High Income Class A Shares $ 39,393.82 Franklin Templeton Investments - Income Fund Class A Shares $ 32,530.03 Franklin Templeton Investments - Global Bond Fund Class A Sr $ 6,966.39 Registrar&Transfer Company- 70 Plan Shares of M&T Bank $ 8,356.21 Registrar& Transfer Company- .2974 Plan Shares of M&T Ban $ 31.51 M&T Bank Corporation- Dividend Earned $ 49.00 Social Security Administration - Refund $ 1,140.00 Bankers Life and Casualty Company - Life Insurance Benefit $ 6,110.06 E-Z Pass New York Service Center- Refund $ 3.85 EXHIBIT A USAA - Flood Insurance Refund $ 133.00 USAA - Auto Insurance Subscriber's Account Allocation Refunc $ 5,261.24 Wheelchair(Donated to Charity) $ - Bankers Life and Casualty Company - Unclaimed Funds $ 500.00 Household Furnishings $ 300.00 Time-Share Estate - The Historic Powhatan Resort (Surrendered $ - Bankers Life and Casualty Company - Annuity $ 213.88 Time Inc. Shared Services - Refund $ 3.75 PNC Bank - Overdraft Settlement $ 11.85 PNC Bank - Interest in Estate Checking Account $ 32.55 TOTAL PRINCIPAL DEBITS $ 434,311.24 EXHIBIT A CREDITS Your Accountants ask credit for payments made from Principal Account as follows: Description Amount Ewing Brothers Funeral Home, Inc. - Funeral Expenses $ 2,590.00 Law Offices of Craig A. Diehl - Attorney Fees $ 8,531.18 Law Offices of Craig A. Diehl - Travel Expense Reimbursement $ 45.76 Cumberland County Register of Wills - Probate Fees $ 438.50 Cumberland County Register of Wills - Additional Short Certificates $ 30.00 Cumberland County Register of Wills - Fee for Letters of Administration $ 20.00 Cumberland County Register of Wills - Renunciation Fee $ 10.00 Cumberland Law Journal - Estate Advertisement $ 75.00 The Sentinel - Estate Advertisement $ 210.78 PNC Bank- Locksmith $ 100.00 Mary Ellen Judge-Caulfield - Co-Executrix Commision $ 12,796.77 Craig A. Diehl, Esq. - Co-Executor Commission $ 12,796.77 Mary Ellen Judge-Caulfield - Travel Expense Reimbursement $ 2,652.65 Law Offices of Craig A. Diehl - Certified Mail for DPW Letters $ 6.11 Law Offices of Craig A. Diehl - Certified Mail for PA Dep't of Rev. $ 6.11 Law Offices of Craig A. Diehl - Certified Mail for Registrar& Transfer Co $ 6.11 Law Offices of Craig A. Diehl - Certified Mail for PA Attorney General $ 7.17 Law Offices of Craig A. Diehl - Additional Postage & Delivery Fees $ 6.49 Law Offices of Craig A. Diehl - UPS Expense for Bankers Life & Casualty $ 29.43 Law Offices of Craig A. Diehl - UPS Expense for Registrar& Transfer Co. $ 21.18 Law Offices of Craig A. Diehl - UPS Expense for Franklin Templeton $ 31.68 USAA - Car Insurance $ 542.16 Cumberland Crossings Independent Living - Regency& Maintenance Fees $ 4,056.82 Cumberland Crossings Independent Living - Travel, Maintenance & Regen $ 2,045.50 Register& Transfer Company - M&T Bank Stock Certificates $ 50.00 Mary Ellen Judge-Caulfield - Reimbursement for Car Battery $ 115.31 Mary Ellen Judge-Caulfield - Reimbursement for Funeral Service & Lunch� $ 635.00 Chase Card Services - Credit Card Bill $ 185.21 PA Department of Revenue - 2012 PA Income Tax Liability $ 368.00 EXHIBIT B Instant Checkmate - Monthly Subscription Fee $ 59.16 Peoplesmart.com - Monthly Subscription Fee $ 58.20 The Sentinel - Monthly Newspaper Subscription Fees $ 28.00 Verizon Wireless - Cell Phone Bill $ 22.04 Century Link- Telephone and Internet Bill $ 240.43 UGI Utilities, Inc. - Gas Bill $ 212.01 Met Ed- Electric Bill $ 324.30 PA Department of Revenue - 2013 PA Income Tax $ 128.00 Cumberland County Register of Wills - Additional Probate Fees $ 80.00 Cumberland County Register of Wills - Additional Short Certificates $ 35.00 Cumberland County Register of Wills - Fee for Family Settlement Agreeme $ 20.00 Cumberland County Register of Wills - Inheritance Tax $ 37,744.83 Cumberland County Register of Wills - Interest for Late Filing $ 49.26 TOTAL PRINCIPAL CREDITS $ 87,410.92 EXHIBIT B RECAPITULATION Principal Debits $ 434,311.24 Principal Credits $ 87,410.92 BALANCE AVAILABLE FOR DISTRIBUTION FROM ESTATE OF PATRICIA A. WILLS $ 346,900.32 EXHIBIT C SCHEDULE OF PROPOSED DISTRIBUTION The Personal Representatives propose distribution of the Balance for Distribution to the following heirs as described: Mary Ellen Judge - Caulfield $ 115,633.44 34 East Cedar Street Massapequa,NY 11758 Laura J. Cole $ 115,633.44 501 Parkway Drive Williamsburg, VA 23185 Cumberland Crossings Benevolent Care Fund $ 115,633.44 1 Longsdorf Way Carlisle, PA 17015 $ 346,900.32 EXHIBIT D BANK ACCOUNT RECONCILIATION Bank Balance as of 6/30/14 $ 338,292.26 Items To Be Paid: Cumberland County Register of Wills - File Family Settlement Agreeme $ (20.00) $ 338,272.26 To Be Deposited: Sale of 2007 Chrylser Minivan $ 9,246.00 $ 347,518.26 Less: Household Furnishings $ (300.00) $ 347,218.26 Family Settlement Agreement(Exhibit D) $ 346,900.32 Unreconciled Difference $ 317.94